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2024 Supreme(Online)(TS) 9358

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.34486 OF 2021

ORDER

1. The Proceedings No.B/3285/2014 dated 06.02.2016 passed by respondent No.3 - the Tahsildar, Balapur Mandal, Ranga Reddy District, sanctioning mutation in favour of the petitioner - Mrs. Kandi Amrutha in respect of the land admeasuring Acs.4-00 guntas in Survey Nos.605/2, 606/2 and 607/2 situated at Nadergul Village, Saroornagar Mandal, Ranga Reddy District, was challenged by respondent No.4 - Mrs. D. Laxmi Narasamma in the appeal before respondent No.2 - the Revenue Divisional Officer, Kandukur Division, Ranga Reddy District, and the same was allowed by the Proceedings No.A2/3242/2017 dated 19.06.2019 setting aside the mutation proceedings and further directing respondent No.3 to conduct de novo enquiry; consequently respondent No.3 passed order in Proceedings No.B/908/2019 dated 17.08.2020 directing deletion of the name of the petitioner and mutating the name of respondent No.4 in respect of the aforementioned land.

2. Appeal in Proceedings No.A2/3242/2017 was preferred by respondent No.4 before respondent No.2 contending that she purchased an extent of Acs.17-05 guntas of land in Survey Nos.605/2, 606/2 and 607/2 of Nadergul Village, Saroornagar Mandal, Ranga Reddy District, under the registered sale deed bearing document No.3562/1980 dated 02.04.1980. She executed the General Power of Attorney (GPA) bearing document No.498/1985 dated 11.12.1985 in favour of one Mr. G.L. Kantha Rao and subsequently cancelled the said GPA vide document No.591/1987 dated 10.06.1987. She sold an extent of Acs.5-05 guntas in favour of one Mr. Vanga Tilotham Reddy and Acs.7-39 guntas in favour of one Mr. Vanga Rajender Reddy vide sale deed bearing document Nos.2386/1998 and No.2385/1998 dated 05.05.1998 respectively. Thus, having sold the land admeasuring Acs.13-05 guntas, remaining extent of Acs.4-00 guntas (Acs.4-01 guntas) of land, which is subject matter in this writ petition, is in exclusive possession of respondent No.4 and her name was recorded as pattadar and enjoyer in the revenue records for the said extent. However, the name of the petitioner was recorded in the revenue records for the subject property based on the sale deed bearing document No.5113/1987 dated 19.06.1987 executed by the former GPA of respondent No.4. It was further contended by respondent No.4 that respondent No.3 mutated the name of the petitioner as if the land was sold to him by Late Mr. Vanga Tilotham Reddy and Mr. Vanga Rajender Reddy and without any notice to her and without following due process of law.

3. In the impugned order dated 19.06.2019 passed by respondent No.2 whereby appeal of respondent No.4 was allowed, it was held that the GPA bearing document No.498/1985 dated 11.12.1985 in favour of Mr. G.L. Kantha Rao was cancelled by respondent No.4 vide Cancellation Deed bearing document No.591/1987 dated 10.06.1987. After sale of 13-04 guntas of land i.e., Acs.7-39 guntas in favour of Mr. Vanga Rajender Reddy and Acs.5-05 guntas in favour of Mr. Vanga Tilotham Reddy under the sale deed bearing documents No.2385/1998 and 2386 of 1998 dated 05-05-1998, respondent No.4 had the remaining land of Acs.4-01 guntas. It was also pointed out that Mutation Proceedings No.B/3285/2014 dated 06.02.2016 was issued in favour of the petitioner on the premise that she purchased the subject property from Mr. Vanga Rajender and Mr. Vanga Tilotham Reddy which is apparently wrong on the face of the record as per the sale deed bearing document No.5113/1987 dated 19.06.1987 executed by the former GPA of respondent No.4. 4. Respondent No.2 further pointed out in the order dated 19.06.2019 that Mr. G.L. Kantha Rao, former GPA of respondent No.4, executed the sale deed bearing document No.5113 of 1987 dated 19.06.1987 in favour of the petitioner after cancellation of the GPA. Respondent No.2 recorded that validity of the GPA whether it is subsisting or not and whether the GPA holder is a party to the cancellation deed or not need to be adjudicated by a compet

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